United States v. Talbot, No. 23-8025 (10th Cir. 2024)

Annotate this Case

Download PDF

Appellate Case: 23-8025 Document: 010111045183 Date Filed: 05/07/2024 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ UNITED STATES OF AMERICA, Page: 1 FILED United States Court of Appeals Tenth Circuit May 7, 2024 Christopher M. Wolpert Clerk of Court Plaintiff - Appellee, v. LANCE JAMES TALBOT, No. 23-8025 (D.C. No. 2:22-CR-00116-SWS-1) (D. Wyo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MORITZ, BALDOCK, and MURPHY, Circuit Judges. _________________________________ After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. Lance James Talbot was charged with being a felon unlawfully in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss the charge, arguing § 922(g) was unconstitutional, both facially and as applied, under New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). After the district * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 23-8025 Document: 010111045183 Date Filed: 05/07/2024 Page: 2 court denied Talbot’s motion, he entered a conditional plea of guilty, Fed. R. Crim. P. 11(a)(2), specifically preserving his right to appeal the denial of his motion to dismiss. The district court sentenced Talbot to a term of imprisonment of fifty-seven months, followed by three years of supervised release. On appeal, Talbot reasserts Bruen renders his § 922(g) conviction unconstitutional. He recognizes, however, that his constitutional challenge is foreclosed by this court’s decision in Vincent v. Garland, 80 F.4th 1197, 1202 (10th Cir. 2023) (holding that § 922(g) remains constitutional post-Bruen). Thus, he merely seeks to preserve his claim pending further developments within the Tenth Circuit or at the Supreme Court. This court acknowledges Talbot “has preserved the issue in the hope of further review.” United States v. Wheeler, 13 F. App’x 852, 854 (10th Cir. 2001) (unpublished disposition cited solely for its persuasive value) (recognizing appellant preserved issue for possible future review in circumstances similar to those at issue here). Nevertheless, his claim is foreclosed by Vincent. Thus, exercising jurisdiction pursuant to 28 U.S.C. § 1291, the judgment entered by the United States District Court for the District of Wyoming is hereby AFFIRMED. Entered for the Court Michael R. Murphy Circuit Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.